Are you in any of these situations?
These are the most common cases that come to our law firm in Madrid. If you identify with any of them, your dismissal may not be legal and you could be entitled to greater compensation or even to get your job back. We will analyse your employment situation in a free initial consultation.
You've just received your dismissal letter and don't know whether to sign it
It's the most common doubt and the answer isn't what most people imagine. Signing doesn't mean you agree, but you need to know how to do it correctly to avoid losing your right to claim.
The company claims reasons that do not reflect reality
Poor performance without evidence, mistakes you never made, unexplained financial problems. If the reasons given to you don't hold water, it's very likely you're facing an unfair dismissal.
You have been dismissed while on sick leave, maternity, paternity or sabbatical.
In these cases, the dismissal is usually declared null and void almost automatically. You are entitled to be reinstated in your position and to receive full payment of lost wages.
The compensation they are offering you is less than you are entitled to.
The difference between 20 and 33 days per year worked can amount to thousands of euros. We calculate with you if the figure is fair and, if not, we claim it.
How can we help you?
When you arrive at our employment law firm in Madrid, you won't receive a standard service. We study your specific case, explain your situation, and design the strategy that best protects your interests. This is what you can expect when you work with Calderón Corredera Abogados.
- Legal analysis of your dismissal. We will review your dismissal letter, contract, payslips and any relevant documentation to tell you if your dismissal is justified, unfair or null, and what your real chances of winning are.
- Exact calculation of the compensation you are entitled to. We calculate in detail how much you are owed based on your length of service, your salary, and the type of dismissal, to ensure the company doesn't underpay you.
- Defence against unfair dismissals. Underperformance without proof, made-up absences, non-existent economic reasons… We are lawyers for unfair dismissals in Madrid and we know how to dismantle the company's arguments.
- Prior conciliation at the SMAC in Madrid. We attempt to reach a favourable agreement during mediation, avoiding the need for a trial, thereby saving you time, stress, and additional costs.
- Defence in Labour Court proceedings. If the company does not accept a fair solution, we will draft the lawsuit and represent you in court. We will prepare every detail with you, and you will go to trial accompanied, not alone.
- Claim for reinstatement to your job. In cases of unfair dismissal, the aim is not just to receive compensation, but to get your job back and receive all backdated wages from the date of dismissal.
- Advice throughout the entire process. We'll resolve your doubts whenever you need us. We know that being made redundant is an uncomfortable and sometimes painful situation. We won't leave you alone at any point.
Types of dismissals we handle
Each type of dismissal has its own rules, deadlines, and compensation. We explain the five most common categories and what you can claim in each.
Disciplinary dismissal.
The company alleges serious misconduct by the worker (absences, indiscipline, insults). If they cannot prove it, the dismissal becomes unfair.
Objective dismissal.
It is based on objective causes: economic, technical, organisational or production-related. Compensation: 20 days per year if justified, 33 if not.
Unfair dismissal.
It does not comply with legality or formal requirements. It grants 33 days per year worked, up to 24 monthly payments.
Unfair dismissal.
The dismissal is declared null and void due to the violation of fundamental rights (pregnancy, sick leave, discrimination). It obliges the company to re-employ you and pay you back wages.
Collective dismissal.
It affects several workers for economic or productive reasons. It has a specific procedure that should be reviewed in detail.
Speak to a redundancy lawyer
You have 20 days from your dismissal to claim what you are owed. Tell us your case in a free initial consultation and we will tell you what real options you have and how much you can recover.
How we work with you step-by-step
We understand that redundancy creates uncertainty. That’s why, from our first contact, we'll clearly explain what will happen and when. This is the path we'll take together.
- First consultation and analysis of your case. You tell us your situation and we review the key documentation: dismissal letter, contract, payslips and any relevant evidence. Once finished, you will know the viability of your claim and the possible compensation you can obtain.
- Legal strategy design. Together, we define the objective of your claim: maximum compensation, a declaration of inadmissibility, nullity, or reinstatement to your position. We'll explain the chances of success for each path.
- Conciliation form at the SMAC. It is a mandatory procedure before the trial and, in many cases, opens the door to a favourable settlement without needing to go any further.
- Conciliation with the company. We're meeting with the company representatives to try and broker a fair deal. If we achieve that, the process ends here. If there's no agreement, we're prepared for the next step.
- Claims and court proceedings in the Social Courts. We draft the corresponding legal claim, prepare witnesses and documentation with you, and represent you in court. We only recommend proceeding when we see realistic chances of winning.
Why trust Calderón Corredera Abogados to manage your dismissal
Choosing between the best employment lawyers in Madrid isn't easy during a delicate time. There are many firms in the city, and almost all promise the same thing. Here are the four reasons why hundreds of people have chosen us and recommended our work.
Over 40 years of experience in employment law
We are a team of experts in dismissals and redundancy pay who have defended hundreds of unfair dismissals in Madrid and know in detail how to defend your labour rights in court.
Bespoke strategy for each case
Your dismissal is not the same as anyone else's. We study your specific situation, your length of service, your sector, and the exact circumstances of the company to design the strategy with the most real chance of success.
Close personal service and genuine availability
We'll resolve your queries by phone, email, or in person whenever you need us, and keep you informed of every step of the process. You won't feel like just another case file.
Negotiation skills
More than half of cases are resolved through conciliation when a company sees it faces a difficult case. We prepare your file thoroughly, which leads many companies to prefer to reach a fair settlement rather than risk losing.
Find out how much your company owes you
As employment dismissal lawyers, we meticulously calculate the compensation you are entitled to. The sooner we review your case, the more options you will have to recover what is rightfully yours.
Frequently asked questions about redundancy lawyers in Madrid
A qué se diferencia un despido objetivo de un despido improcedente?
Objective dismissal is based on economic, technical, organisational, or production reasons of the company, and carries compensation of 20 days per year worked. If these reasons are not sufficiently justified or documented, the dismissal becomes unfair and the compensation increases to 33 days per year. As objective dismissal lawyers in Madrid, we review the documentation provided by the company to verify if the reasons are real and, if not, we claim the compensation for unfair dismissal in Madrid that you are entitled to.
How long do I have to claim for my dismissal?
You have 20 working days from the date of dismissal to challenge a dismissal using the conciliation paper. It is a forfeiture period, not a statute of limitations, meaning that once it has expired, you permanently lose your right to make a claim. Therefore, it is crucial not to delay and to consult with a lawyer as soon as possible.
What compensation am I entitled to if my dismissal is unfair?
33 days of salary per year worked, with a maximum of 24 monthly payments. If you worked for the company before 12 February 2012, that period is calculated at 45 days per year. In cases of justified objective dismissals, the figure drops to 20 days per year, with a maximum of 12 monthly payments. The difference between one and the other case can amount to thousands of euros, so it is advisable to review the classification carefully.
Can I be sacked while on sick leave, pregnant or on paternity leave?
The company can try, but in most of these cases, the dismissal will be declared void. This means you are entitled to immediate reinstatement in your position and to payment of all wages lost since the day of your dismissal. If you find yourself in any of these situations, your case is very likely to succeed.
What happens if the company doesn't want to re-employ me after an unfair dismissal?
If the judge declares the dismissal null and void, re-employment is mandatory for the company. Should they refuse, an enforcement procedure is initiated whereby they are obliged to re-employ you and, furthermore, to pay you additional compensation for non-compliance. The law offers particularly strong protection to the employee in these cases.
How long does it take to resolve a dismissal case?
If an agreement is reached in the preliminary conciliation, the process can be concluded in a few weeks. If it becomes necessary to go to trial, the timescales vary depending on the Social Courts of Madrid, but they are usually between 6 and 12 months from the filing of the claim. We will keep you informed of each milestone throughout the procedure.
What do I do if I've been sacked for gross misconduct?
A disciplinary dismissal obliges the company to demonstrate that the fault committed is real and sufficiently serious. If it cannot prove this, the dismissal will be declared unfair and you will be entitled to the maximum compensation. As disciplinary dismissal lawyers in Madrid, we review the dismissal letter, the evidence presented by the company, and internal protocols to detect any irregularities that could tilt the case in your favour.
When is it worth taking legal action for unfair dismissal?
When the causes alleged by the company do not align with reality or are not sufficiently proven. Many workers receive a dismissal as justified when in reality it is unfair, and the economic difference between the two can exceed €20,000 in cases with several years of service. Our unfair dismissal lawyers in Madrid will first assess whether your case has a solid basis before recommending that you file a claim.
The competent court to claim unfair dismissal in Madrid is the Juzgado de lo Social.
The competent court for an unfair dismissal claim is the Social Court of the place where the employee provides services or the employer's domicile, at the employee's choice. In Madrid, there are several Social Courts that handle these claims in rotation. We are responsible for filing the claim in the correct court and for monitoring the proceedings until completion.
Can I claim damages in addition to redundancy pay?
When a dismissal violates fundamental rights (for example, discriminatory dismissals or dismissals in retaliation following sick leave), you can claim additional compensation for damages in addition to the amount you are entitled to for an unfair or wrongful dismissal. The amount depends on the severity of the violation and the evidence you provide. We will assess with you whether this claim is appropriate in your specific case.